Shoulder decisions — 2011

The Veteran's right shoulder scar has been assigned an initial noncompensable rating under Diagnostic Code 7804 for unstable or painful scars, effective February 25, 2005. The VA examination did not find the scar to be unstable or painful.

The Veteran's claims for increased disability rating, service connection for right shoulder disorder and nerve disorders secondary to his left shoulder disorder are granted. His claim for service connection for a neck disorder is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a joint and neurological examination to assess his left shoulder disability. The TDIU claim will also be addressed.

The Board has granted service connection for various conditions, including prostate enlargement, allergic rhinitis, adjustment disorder, right shoulder impingement syndrome, lumbar strain myositis, tinnitus, and a papulovesicular skin rash. Service connection was denied for chest disability, left shoulder disability, stomach disability (undiagnosed illness), insomnia, dizziness, tiredness, night sweats, and psychiatric disorder (undiscovered illness).

The Board denied service connection for the Veteran's cause of death and for several other conditions, finding that there was no evidence linking these conditions to his military service or service-connected disabilities.

The Veteran's claims for service connection for a left shoulder disorder and a back disorder, claimed as secondary to the left shoulder disorder, are being remanded due to the need for additional development of his medical records.

The Veteran's claim for service connection for a left shoulder disability is being remanded due to the need for additional development, including an examination and review of recent VA treatment records.

The Board has determined that the Veteran's service-connected left and right shoulder impingement syndromes do not warrant an evaluation in excess of 10 percent, as they are characterized by pain with overhead reaching and repetitive motion, full strength of rotator cuff muscles, slight crepitus, and no evidence of joint ankylosis or incapacitating episodes.

The Board has decided to remand the Veteran's claim for an increased rating for his right shoulder disorder due to additional development being needed, including obtaining medical records and scheduling a new VA examination.

The Board has determined that the Veteran's claims for service connection for various conditions, including broken teeth, migraine headaches, head injury, dislocated shoulder, hip arthritis, knee arthritis, nose and jaw injuries, diabetes mellitus, thyroid issues, lung problems, throat issues, breathing problems, allergies, gum bleeding, loss of smell/taste, sleep apnea, swallowing problems (dysphagia), blepharitis, ulcers, chronic fatigue syndrome, psychiatric disorders, fear of heights, memory problems, and insomnia are not supported by the evidence.

The Board has determined that the Veteran's appeals for service connection were not timely filed, and thus these claims are denied.

The Board has determined that the appellant does not have qualifying service for his period of National Guard duty following Hurricane George in October 1998. As a result, he cannot be granted service connection for any disabilities related to this period.

The Veteran's claims for service connection for degenerative disease of the lumbar spine and entitlement to TDIU were denied as his conditions are not related to military service.

The Board has determined that the Veteran's current bilateral shoulder and right knee disorders are not related to his military service, including any injuries sustained during active duty in 1954.

The Veteran's appeal is being remanded for additional examinations and clarification of the issues before the Board.

The Veteran's current arthritis of the left ankle, left knee and left shoulder is unrelated to service.

The Veteran's claim for service connection for residuals of a TBI is granted. The Board finds that the Veteran has current residuals of a TBI sustained during service and resolves all doubt in his favor.

The Board denied increased ratings for the Veteran's service-connected right shoulder impingement syndrome and left shoulder dislocation with impingement syndrome and degenerative changes, as the evidence did not show ankylosis or other disabling conditions that would warrant a higher rating.

The Veteran's service-connected disabilities alone preclude him from securing and following substantially gainful employment, with the evidence being at least in equipoise as to this point.

The Board has remanded the Veteran's claims of service connection for a back disorder and bilateral shoulder disorder due to insufficient medical evidence, and additional development is required.